Document 812XaY2dRZKZBn7nmG87LypB

To: From: Sent: Subject: Jackson, Ryan[jackson.ryan@epa.gov] Bloomberg BNA Mon 8/14/2017 12:29:10 PM Aug. 14 - EHS State Regulatory Alert EHS State Regulatory Alert August 14, 2017 - Number 155 You can create a report customized by topic, jurisdiction, and date range by using the Regulatory Summaries Report Tool. The report can be generated in Excel, Word, or PDF. California OIL AND GAS INDUSTRY Oil Spill Prevention and Response Planning/Definitions, Wai California OIL AND GAS INDUSTRY lity Contingency Plans Notice of the Department of Fish and Game, Office of Oil Spill Prevention and Response, announces the second readoption of a Sept. 18, 2015, emergency rule that amended regulations under 14 CCR 790 and adopted regulations under 14 CCR 817.04 to revise definitions and abbreviations. The rule also establishes requirements for oil spill contingency plans, response strategies, and equipment delivery time frames for inland facilities. The readoption was filed Aug. 7, 2017. Contact: Christine Kluge; OSPR; 916-327-0910; Christine.Kluge@wildlife.ca.gov --California Regulatory Notice Register (08/09/2017) Regulatory Update OIL AND GAS INDUSTRY Oil Spill Prevention and Response Planning/Drills and Exercises California OIL AND GAS INDUSTRY Notice rule of the Department of Fish and Game, Office of Oil Spill Prevention and Response, announces the second readoption of a July 18, 2015, emergency rule that adopted regulations under 14 CCR 820.02 to establish drills and exercises requirements for inland oil facilities. The rule establishes facility tiers and specifies drill and exercise scheduling, design, and documentation requirements. The readoption was filed Aug. 7, 2017. Contact: Christine Kluge; OSPR; 916-327-0910; Christine.Kluge@wildlife.ca.gov --California Regulatory Notice Register (08/09/2017) Regulatory Update OIL AND GAS INDUSTRY Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00001221 -00001 Oil Spill Prevention and Response Planning/Financial Responsibility California OIL AND GAS INDUSTRY Notice of the Department of Fish and Game, Office of Oil Spill Prevention and Response, announces the second readoption of a Sept. 18, 2015, emergency rule that amended regulations under 14 CCR 791 through 797 and adopted regulations under 14 CCR 798 regarding oil vessel and facility certificates of financial responsibility. The rule revises the definition of "reasonable worst case spill," revises the process for obtaining and renewing a certificate of financial responsibility, and adds application forms for certificates of financial responsibility for railroads and inland facilities. The rule also reflects the expansion of the Oil Spill Act and the authority of the administrator to cover all waters of the state. In addition, the rule requires a certificant with multiple vessels or facilities to demonstrate to the satisfaction of the administrator financial responsibility for the vessels or facilities not associated with a spill. The readoption was filed Aug. 7, 2017. Contact: Christine Kluge; OSPR; 916-327-0910; Christine.Kluge@wildlife.ca.gov --California Regulatory Notice Register (08/09/2017) Regulatory Update OIL AND GAS INDUSTRY Oil Spill Response Organization Rating Program California OIL AND GAS INDUSTRY Notice of the Department of Fish and Game, Office of Oil Spill Prevention and Response, announces the second readoption of an Oct. 23, 2015, emergency rule that amended regulations under 14 CCR 819 through 819.07 regarding the oil spill response organization (ORSO) rating program. The rule specifies that ORSOs with a terrestrial response services rating do not have to demonstrate on-water recovery capability and revises ORSO application requirements. The rule also requires inland facility owners or operators who do not contract with a rated ORSO for the terrestrial service requirements and capabilities and intend to meet such requirements with owner-operator-owned equipment and personnel to obtain a terrestrial services rating. In addition, the rule requires ORSOs to periodically conduct announced and unannounced drills to test response and cleanup operations, equipment, contingency plans, and procedures. Finally, the rule specifies that ORSOs rated for only a terrestrial service do not need to submit a drill schedule, specifies that unannounced drills must only include equipment and personnel inspections, and revises performance standards for ORSOs to meet during drills. The readoption was filed Aug. 7, 2017. Contact: Christine Kluge; OSPR; 916-327-0910; Christine.Kluge@wildlife.ca.gov --California Regulatory Notice Register (08/09/2017) Regulatory Update Colorado WATER Section 303(d) List/Monitoring and Evaluati : Colorado WATER Proposed rule of the Department of Public Health and Environment, Water Quality Control Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00001221 -00002 Commission, amends regulations under 5 CCR 1002-93 to update the list of water quality-limited segments requiring total maximum daily loads (TMDLs) under Section 303(d) of the Clean Water Act and the monitoring and evaluation list. Water segments that were added to, removed, or retained on the lists are specified by analyte. The rule also defines an allowable cumulative impact for water temperature and includes segments with exceedances of the temperature standards on the list. In addition, the rule removes water segments from the list due to recent approval by the EPA of TMDLs or based on recent assessment of water quality data. Finally, the rule reformats the list to allow generation directly from the state's assessment tracking database. A hearing is scheduled for Dec. 11,2017, in Denver. Various deadlines and prehearing conference dates are specified for those seeking party status. Comments are due Nov. 29, 2017. Contact: Sarah Wheeler; DPHE, Water Quality Control Commission; 303-692-3436; sarah.wheeler@state .co.us --Colorado Register (08/09/2017) Regulatory Update Indiana AIR Air Pollution Control/Ozone NAAQS Indiana AIR Final rule of the Department of Environmental Management, Air Pollution Control Division, amends regulations under 326 IAC 1-3-4 to revise the eight-hour national ambient air quality standards (NAAQS) for ozone to 0.070 parts per million. The rule complies with an Oct. 26, 2015, EPA final rule that amended regulations 40 CFR 50 and 53. The rule is effective Aug. 11, 2017. Contact: Keelyn Walsh; DEM, Office of Legal Counsel; 317-232-8229; kwalsh@idem.in.gov --Indiana Register (08/09/2017) Regulatory Update AIR Burning Regulations/Outdoor Hydronic Heaters Indiana AIR Proposed rule of the Department of Environmental Management, Air Pollution Control Division, amends regulations under 326 IAC 4-3-1 through -6 regarding outdoor hydronic heaters. The rule eliminates particulate emissions requirements for new installations that are superseded by federal new source performance standards under 40 CFR 60, Subpart QQQQ. The rule also removes exemptions for homemade units and clarifies requirements for stack heights. A hearing is scheduled for Oct. 11, 2017, in Indianapolis. A comment due date is not specified. Contact: Keelyn Walsh; DEM, Office of Legal Counsel; 317-232-8229; kwalsh@idem.in.gov --Indiana Register (08/09/2017) Regulatory Update Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00001221 -00003 PESTICIDES Storage and Secondary Containment of Pesticides Indiana PESTICIDES Notice announces the intention of the Office of the State Chemist to amend regulations under 355 IAC 5-1 regarding storage and secondary containment of pesticides. The rule adds the definition of "antimicrobial pesticide" and updates the definition of "liquid pesticide" to exempt from the provisions end users of antimicrobial pesticides that store products for use in containers designed to hold more than 55 gallons of liquid. A comment due date is not specified. Contact: David Scott; Office of the State Chemist; 765-494-1593 --Indiana Register (08/09/2017) Regulatory Update WATER Concentrated Animal Feeding Operations/Confined Feeding Operations Indiana WATER Final rule of the Department of Environmental Management, Water Pollution Control Board, amends regulations under 327 IAC 15-16-1 through -16-10 (nonconsecutive) and 19-1-4 through 15-2 (nonconsecutive) regarding concentrated animal feeding operations (CAFOs) and confined feeding operations (CFOs). The rule updates references to the state's nutrient management conservation practice standards and the construction specification for concrete construction. The rule also updates references to federal regulations and makes formatting and typographical corrections. The rule is effective Aug. 11,2017. Contact: Lauren Aguilar; DEM, Office of Legal Counsel; 317-234-8559 --Indiana Register (08/09/2017) Regulatory Update WATER Water Quality Standards Indiana WATER Notice of the Department of Environmental Management, Water Pollution Control Division, announces editorial corrections to regulations under 327 IAC 2-1-8.8 through 19-6-1 (nonconsecutive) regarding water quality standards. The corrections are effective Sept. 14, 2017. Contact: DEM, Water Pollution Control Division; 317-232-8603 --Indiana Register (08/09/2017) Regulatory Update New Jersey Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00001221 -00004 AIR Motor Vehicle Inspection and Maintenance/Autocycles New Jersey AIR Proposed rule of the Motor Vehicle Commission amends regulations under NJAC 13:20-7.2 through :21-8.14 (nonconsecutive) to add autocycles to the list of vehicles exempt from inspection requirements, including enhanced emissions inspection requirements. The rule also clarifies provisions for issuance and placement of license plates for autocycles. In addition, the rule applies existing safety standards for motorcycles concerning goggles, face shields, and helmets and the motorcycle registration fee to autocycles. Comments are due Oct. 6, 2017. Contact: Kate Tasch; MVC; 609-777-1407 --New Jersey Register (08/07/2017) Regulatory Update North Carolina AIR Air Pollution Control/Air Quality Permit Procedures North Carolina AIR Proposed rule of the Department of Environmental Quality, Environmental Management Commission, amends regulations under 15A NCAC 2D.1204 and 2Q.0106 through 2Q.0902 (nonconsecutive) and readopts regulations under 15A NCAC 2Q.0101 through .0903 (nonconsecutive) regarding air pollution control requirements and air quality permit procedures. The rule incorporates federal emissions guidelines for existing facilities, including limits for sewage sludge incineration units located at wastewater treatment facilities designed to treat domestic sewage sludge for nine pollutants. The rule also deletes a nitrogen oxides and volatile organic compound emissions reporting requirement for a portion of the former 1997 eight-hour ozone maintenance area. In addition, the rule updates references and definitions, defines "responsible official," clarifies the definitions of new and modified facilities, and specifies record maintenance and submission requirements for the individual source category. Finally, the rule deletes obsolete provisions and references, clarifies the submittal of test reports concerning temporary crushers, and updates the necessary number of copies of letters and applications regarding construction and operation permits. A hearing is scheduled for Sept. 27, 2017, in Winston-Salem. Comments are due Oct. 16, 2017. Contact: Joelle Burleson; DEQ, Division of Air Quality; 919-707-8720; daq.publiccomments@ncdenr.gov --North Carolina Register (08/15/2017) Regulatory Update HAZARDOUS WASTE MANAGEMENT Soil Remediation North Carolina HAZARDOUS WASTE MANAGEMENT Proposed rule of the Department of Environmental Quality, Environmental Management Commission, amends regulations under 15A NCAC 2T.1502, .1505, and .1507 and readopts regulations under 15A NCAC 2T.1501 and .1503 through .1506 regarding the remediation of Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00001221 -00005 contaminated soils originating from underground storage tanks. The rule requires closures or cleanup based on either the "soil-to-groundwater" or the residential maximum soil contaminant concentrations, rather than nondetection levels of soil contamination, for closures of soil remediation permitted facilities. A hearing is scheduled for Aug. 30, 2017, in Raleigh. Comments are due Oct. 16, 2017. Contact: Jeremy Poplawski; DEQ, Division of Waste Management/Underground Storage Tank Section; 919-707-8151; jeremy.poplawski@ncdenr.gov --North Carolina Register (08/15/2017) Regulatory Update WATER Division of Mitigation Services/Rate Schedules for in-Lieu Fee Programs North Carolina WATER Proposed rule of the Department of Environmental Quality, Environmental Management Commission, amends regulations under 15A NCAC 2R.0102 through .0602 (nonconsecutive) and repeals regulations under 15A NCAC 02R.0101, .0201, and .0401 to update methods for calculating rate schedules for the in-lieu fee (ILF) programs offered by the Division of Mitigation Services. The rule establishes a flat fee for the coastal wetland mitigation category, based on coastal land costs and credit pricing in other states that offer a coastal marsh mitigation credit. The rule also provides that the flat fee will be applied for the category until sufficient data exists to apply the actual cost method (ACM). In addition, the rule specifies the ACM currently used to calculate rates for nutrient ILF program is applicable to the statewide stream and wetland ILF and the riparian buffer ILF programs. Finally, the rule reflects recent name changes for the department and division. Hearings are scheduled for Sept. 27 and Oct. 4, 2017, in Wilmington and Raleigh, respectively. Comments are due Oct. 16, 2017. Contact: Kelly Williams; DEQ, Division of Mitigation Services; 919-707-8915; kelly.williams@ncdenr.gov --North Carolina Register (08/15/2017) Regulatory Update Privacy Policy | Terms of Service | Manage Your Email | Contact Us 1801 South Bell Street, Arlington, VA 22202 Copyright 2017 The Bureau of National Affairs, Inc.. EHS State Regulatory Alert Sierra Club v. EPA, 1:17-cv-01906 ED_001523_00001221 -00006